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Europe’s Seed Patents: A Growing Threat to Food Security and Biodiversity

The increasing privatization of Europe’s seeds through patents threatens food security and biodiversity. Small breeders struggle as agrochemical giants dominate.

A silent but significant battle is unfolding across Europe, one that could have far-reaching consequences for our food security and biodiversity. At the heart of this struggle lies the very foundation of our food supply: seeds.


A European plant breeder examines seeds in a field, highlighting the growing threat of seed patents on biodiversity and food security.

Europe is home to one of the most diverse seed industries in the world. In countries like Germany, the Netherlands, and France, hundreds of small breeders are tirelessly working to develop new varieties of cereals, vegetables, and legumes. These breeders rely on decades of careful selection to enhance traits such as yield, disease resistance, and flavor, all while adapting seeds to local environments through traditional methods like cross-breeding.

This essential work not only ensures the diversity of Europe’s food supply but also helps maintain the continent’s rich biodiversity. However, this vital industry is under growing threat from the increasing privatization of seeds through patents, a trend that could have devastating consequences for Europe’s agricultural future.


The Rising Influence of Seed Patents

Despite it being illegal to patent plants in the European Union, seeds created through technological means can be classified as technical innovations and thus patented. This loophole has allowed agrochemical giants to claim ownership of around 1,200 seed varieties that could naturally be bred, severely restricting small-scale breeders' ability to use these seeds for research or cultivation without paying hefty licensing fees.

The European Patent Office (EPO), an independent entity funded by corporate patent fees, is at the center of this issue. The EPO grants these patents, and its decisions are binding across EU member states, giving it significant power over the continent’s seed industry.


The Impact on Small Breeders

For small breeders like Frans Carree, an organic breeder at the Dutch company De Bolster, the rise of seed patents is a daunting challenge. Carree is working to develop a tomato variety resistant to the brown rugose fruit virus, a disease capable of decimating entire harvests. However, his efforts are being hampered by more than a dozen patent applications from multinational corporations like BASF, Bayer, and Syngenta.

Even though these patents have not yet been granted, they create legal uncertainty and pose a real risk to Carree's investment. To ensure his work does not infringe on these patents, Carree must navigate a maze of complex legal language and potentially pay for costly laboratory analyses to verify that his plants do not contain patented traits.



The Threat of New Genomic Techniques (NGTs)

In recent years, the development of New Genomic Techniques (NGTs) has further complicated the situation. These advanced methods allow scientists to make precise genetic edits to seeds, improving specific traits without affecting other parts of the genome. While NGTs hold great potential, they also increase the likelihood of more seeds being patented.

As the European Union considers deregulating NGTs, the number of seed patents could surge, placing even more pressure on small breeders and potentially threatening Europe’s agricultural diversity and food security.


The Role of the European Patent Office

The EPO’s influence extends beyond the 27 EU member states to 39 countries, including the United Kingdom, Türkiye, and Switzerland. Critics argue that the EPO’s reliance on user fees creates a conflict of interest, as the organization may be incentivized to grant more patents, regardless of their impact on society.

This has led to widespread criticism from small breeders, environmental organizations, and even some agrochemical companies. They argue that the EPO is granting patents too freely, undermining the very purpose of patent law, which is meant to benefit society as a whole.


The Future of Europe’s Seeds

As Europe grapples with the challenges posed by seed patents, the stakes could not be higher. The concentration of corporate control over seeds risks reducing genetic diversity, making our food supply more vulnerable to climate disasters and disruptions.

To protect Europe’s food security and biodiversity, it is crucial that policymakers address the growing influence of seed patents and ensure that small breeders have the freedom to continue their essential work. Without action, the silent battle over seeds could have profound consequences for the future of European agriculture.


Source: Euronews

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